DHS Issues DOMA Guidance
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Categories: DHS

Following the recent Supreme Court ruling holding the Defense of Marriage Act (DOMA) unconstitutional, the Department of Homeland Security (DHS) has issued guidance on the filing of same-sex marriage family-based immigrant visa petitions.  The guidance instructs the US Citizenship and Immigration Services (USCIS) to “review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse.”  The DHS FAQs can be found here.

The State Department has yet to issue guidance on the adjudication of nonimmigrant visa applications by same-sex spouses.

Tags: DOMA

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